Whether the appellant can claim maintenance from the respondent?
When lived with a woman for a long time and even though they may not have withstood legal preconditions of a valid marriage, should be made liable to pay the woman maintenance if he desolates her.
Whether the respondent has a right to claim for maintenance in an invalid marriage?
In some cases for the sake of claiming maintenance under section 125 women can be considered as a wife.
Whether Section 25(1) of the Hindu Marriage Act is applicable in the present case?
Whether Geeta can claim maintenance despite the terms of the dissolution?
The wording of Section 25(1) allows for a party to move an application for maintenance even after a dissolution so long as maintenance has not been provided for.
The terms of the dissolution cannot disentitle a any party from the claim for permanent alimony.
Whether Sita Bai’s income was sufficient for her to sustain herself and consequently, whether Chaturbhuj would have to pay her maintenance?
The burden is on a wife to show that the means of her husband are sufficient. In the present case, this is undisputed.
Whether a deserted wife is unable to maintain herself has to be decided by the material placed on record before the court.
Whether respondent's relationship with the petitioner falls under the definition of in the nature of marriage of the DV Act?
Whether respondents can claim maintenance in this relationship?
To consider a relationship as a "relationship in the nature of marriage” it must inherent essential characteristic of a marriage, but a relationship other than “in the nature of marriage” and the person’s status is lower than the status of a wife and that relationship would not fall within the definition of “domestic relationship” under Section 2(f) of the DV Act.
Whether wife can claim maintenance under different statutes?
Is there a time limit for disposal of proceedings relating to interim maintenance?
Section 125 of the Hindu Maintenance Act.
Section 28A of the Hindu Marriage Act, 1956
Section 20(6) of the D.V. Act and
Section 128 of Cr.P.C. as may be applicable.
Whether a “wife” in the CrPC included a divorced Muslim woman.
Whether Section 125 of the CrPC overrides Muslim personal law.
Whether a conflict exists between the payment of maintenance upon a divorce under Section 125 of the CrPC and Muslim personal law.
Whether the sum payable on the divorce of a Muslim marriage is limited to the period of iddah.
Clause (b) of Section 125 contains no words of limitation to exclude Muslim women from its scope, it is secular in character.
A divorced Muslim woman is a wife under Section 125 of the CrPC so long as she has not remarried. The statutory rights granted to her are unaffected by personal law.
Muslim personal law (limiting the husband’s liability to the period of iddah) does not contemplate a case where the wife is unable to maintain herself. The true provision is that a husband’s liability only ceases at the end of the period of iddah so long as the wife is able to maintain herself.
Whether the Muslim Women (Protection of Rights on Divorce) Act of 1986 is constitutionally valid?
A careful reading of the Act would indicate that a divorced woman is entitled to a reasonable and fair provision of maintenance.
A divorced Muslim woman who has not remarried can proceed under Section 4 of the Act against her relatives who are liable to maintain her in accordance with Muslim law, should the relatives be unable to maintain the woman, a Magistrate may direct the State Waqf board to pay such maintenance.
Whether Farooqui can claim maintenance under Section 125 of the CrPC?
What is the sum of maintenance payable to Farooqui?
The court referred to Shamim Bano v Asraf Khan [(2014) 12 SCC 636], Danial Latifi v Union of India [(2001) 7 SCC 740], Khatoon Nisa v State of UP [(2014) 12 SCC 646] and Shabana Bano v Imran Khan [(2010) 1 SCC 666] as binding precedent for the first issue.
The reduction of the High Court was without reason and makes it extremely difficult for Farooqui to live alone; Section 125 allows for enough maintenance for the wife to sustain herself.
Is permission of the co-widow of a late Hindu male necessarily required for adoption?
Does a Sapinda need to give permission to the widow to adopt when the wish of the husband is not known?
What is the scope for a legal adoption when there’s more than one widow?
Hindu Adoption and Maintenance Act, 1956-
Section 7- Capacity of a male Hindu to take in adoption
Explanation- “If a person has more than one wife living at the time of adoption, the consent of all the wives is necessary unless the consent of any one of them is unnecessary for any of the reasons specified in the preceding proviso.”
Section 8- Capacity of a female Hindu to take in adoption
Section 12- Effects of adoption: “…from such date all the ties of the child in the family of his or her birth shall be deemed to be severed and replaced by those created by the adoption in the adoptive family”
Section 14(2)- “Where an adoption has been made with the consent of more than one wife, the senior-most in marriage among them shall be deemed to be the adoptive mother and the others to be step-mothers.”